Hackett v. Pickering
Superior Court of New Hampshire
Assumpsit upon a note, dated February 21, 1827, for $88,59, and payable to the plaintiff on demand. The cause was tried here upon the general issue at February term, 1828, when it appeared in evidence, that Hackett, as the attorney of J. Brown, commenced an action in Brown’s name against E. F. Rollins, and caused the goods of Rollins to be attached by virtue of the writ; and the defendant gave to the officer, who made the attachment, a written promise to deliver the goods,…
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Assumpsit upon a note, dated February 21, 1827, for $88,59, and payable to the plaintiff on demand. The cause was tried here upon the general issue at February term, 1828, when it appeared in evidence, that Hackett, as the attorney of J. Brown, commenced an action in Brown’s name against E. F. Rollins, and caused the goods of Rollins to be attached by virtue of the writ; and the defendant gave to the officer, who made the attachment, a written promise to deliver the goods, so attached, to the officer, on demand. The writ, on which the attachment was made, was returnable at the court of common…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
There is no pretence upon the case stated, that the note was obtained by any fraud or misrepresentation, which can render the contract void. The defendant was told, that he was still liable, and that the action was continued. But it does not appear that the officer who told him this, had any reason to suppose that what he stated was false, or that he made the statement with an intent to deceive. If there was. any misrepresentation, it does not appear to have been made wilfully, for the purpose of deceiving. We therefore think, that the…
2Cases cited1 opinion
- Rockwood v. AllenMassachusetts Supreme Judicial Court · 1811
3Cited by4 opinions
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Nihan v. KnightSupreme Court of New Hampshire · 1875
- Haynes v. ThomSuperior Court of New Hampshire · 1854
- Nihan v. KnightSupreme Court of New Hampshire · 1875